Regulation 8 Education and training and experience
An applicant to whom this regulation applies by virtue of regulation 5(3) must either:–
have been appointed an office-holder in not less than 30 cases within the period of 10 years immediately prior to the relevant time; or
have been first employed by a person carrying on insolvency practice in that practice not later than 10 years prior to the relevant time; and
within the period of 10 years referred to in sub-paragraph (a) above have acquired not less than 7,000 hours of insolvency work experience whether in the employment of a person carrying on an insolvency practice or as an office-holder; and
satisfy the condition set out in sub-paragraph (c) below.
The condition referred to in sub-paragraph (1)(b)(iii) is that the applicant must show he satisfies one of the following three requirements:–
he has been appointed an office-holder in at least 5 cases within the period of 5 years immediately prior to the relevant time; or
he has acquired 1,000 hours or more of higher insolvency work experience within such period; or
he can show that within such period he has achieved one of the following combinations of appointments as an office-holder and hours acquired of higher insolvency work experience:–
not less than 4 cases and 200 hours;
not less than 3 cases and 400 hours;
not less than 2 cases and 600 hours;
not less than 1 case and 800 hours.
In determining whether an applicant falls within paragraph (1) above:–
no account shall be taken of any case where:–
he was appointed to the office of receiver or to a corresponding office under the law of a country or territory outside Great Britain by or on behalf of a creditor who at the time of appointment was an associate of the applicant; or
in a members' voluntary winding up or in a corresponding procedure under the laws of a country or territory outside Great Britain, he was appointed liquidator at a general meeting where his associates were entitled to exercise or control the exercise of one third or more of the voting power at that general meeting;
where the applicant has been an office-holder in relation to:–
two or more companies which were associates at the time of appointment; or
two or more individuals who were carrying on business in partnership with each other at the time of appointment;
he shall be treated as having held office in only one case in respect of all offices held in relation to the companies which were associates or in respect of all offices held in relation to the individuals who were in partnership as the case may be.
Where in order to satisfy all or any of the requirements set out in paragraph (1) above an applicant relies on appointment as an office-holder or the acquisition of insolvency work experience or higher insolvency work experience in relation to cases under the laws of a country or territory outside Great Britain, he shall demonstrate that he has no less than 1,400 hours of insolvency work experience or higher insolvency work experience in cases under the law of England and Wales or Scotland acquired within the period of the two years immediately prior to the relevant time and that where appropriate he has a good command of the English language.
For the purposes of sub-paragraph (1)(b) above employment by a person carrying on insolvency practice includes Crown employment in the Insolvency Service of the Department of Trade and Industry.
For the purposes of paragraph (1) above, the reference to an insolvency practitioner in the definition of office-holder in regulation 1(3) shall be construed in accordance with section 388 of the Act but without regard to subsection (5) of that section and references to an office-holder who has been appointed or to a person who has been appointed an office-holder shall include the official receiver in any case where the official receiver is or has been an office-holder whether by virtue of his office or otherwise.
For the purposes of paragraph (1) above a person carrying on insolvency practice includes a firm or partnership.